Supreme Court Case May Impact EA's NFL Exclusive

March 5, 2009 -

A non-gaming case currently before the United States Supreme Court stands to have a massive impact on the video game industry.

The case is American Needle vs New Orleans Saints, et al. Should the Supreme Court find in favor of plaintiff American Needle, an apparel manufacturer, EA's exclusive NFL licensing deal and Take-Two's third-party exclusive with Major League Baseball could be found in violation of federal antitrust (i.e., monopoly) statutes. Such a determination would free other publishers to make games based on the NFL and MLB.

SCOTUSblog, which tracks happenings before the Supreme Court, reports on the case:

The NFL used to license American Needle to sell hats that bore the logos, the names or other insignia of pro football teams... But, in 2000, the NFL opted to solicit bids for an exclusive license to produce caps and other headwear.  Reebok won the bidding, and in 2001 got an exclusive ten-year license.  American Needle’s license was not renewed. So it sued the NFL, all of its teams, NFL Properties, and Reebok.

American Needle’s case was thrown out by lower courts... “The [Supreme] Court has stated, on more than one occasion,” American Needle asserted, “that application of the Sherman Act to professional sports teams is wholly consistent with Congressional inent...”

What happened to American Needle in relation to apparel is essentially what happened to Take-Two in regard to its excellent NFL2K series when EA scored its exclusive license with the NFL in 2004.

Attorneys for EA are clearly tracking the American Needle case. The phrase "American Needle" appears nine times in a transcript of arguments made by attorneys last November in Pecover vs. Electronic Arts, a class-action suit which alleges that consumers were hurt by EA's NFL exclusive (see: Spirited Courtroom Argument Highlights Madden Monopoly Case).

SCOTUSblog reports that the Supreme Court has requested government lawyers to weigh in on the case.


Comments

Re: Supreme Court Case May Impact EA's NFL Exclusive

I'm Rooting for the Exclusivity Deals to be dropped by the supreme court(That'll Teach EA and T2 a lesson for hogging the NFL and MLB)

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Supreme Court Case May Impact EA's NFL Exclusive

This wouldn't be a good thing.

It's the same as saying that McDonalds has no right to the Big Mac.

Private Bussiness is private the last thing we need in this time is more branches of government saying what can and can't be done, and guess what this works for these industries since the NFL,EA, or Take 2 haven't asked for a bailout.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I'd love to see these exclusive deals get dissolved. Take Two has done an awful job with the MLB license on 360, and I'd love to see "The Show" come to 360. 

Bottom line is that competition creates better products. I'm all for that.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Um, shouldn't the NFL have the right to say who can and can't use their IP?

Re: Supreme Court Case May Impact EA's NFL Exclusive

Wouldn't the NFL teams, players, and logos, fall under IP? IP holders have a right to give exclusive rights to anyone they so choose.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I think the use of the players, teams and logos for the purpose of a football-themed... thing... is protected by the IP.

| XBOX LIVE GamerTag: Harry Miste | Steam ID: Harry Miste | PSN ID: HarryMiste | Needs a thesaurus. |

| XBOX LIVE GamerTag: Harry Miste | Steam ID: Harry Miste | PSN ID: HarryMiste |

Re: Supreme Court Case May Impact EA's NFL Exclusive

I believe it counts as IP, but EA has exclusive deals with the NFL and the NFLPA (as well as the coaches union I believe); the former for the use of the team logos, stadiums, etc. and the latter to use the names of the players.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I think the Supreme court Justices are going to make fun of the fact that EA held a monopoly on NFL games Heres the possiblility

John Roberts: We the court has found that American needle has been found in violation of the Sherman and Clayton Acts and therefore we demand that the company should be split up

EA & T2: We're F@**ED, we may have to share the license of MLB and NFL now

END TSG-esce courtroom reenactment

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Supreme Court Case May Impact EA's NFL Exclusive

"Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony"

Hm... I guess they can make a point there. I wonder what statements those are though.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I don't think that the EA+NFL or 2K+MLB suit would work out because it's a temporary exclusive. On top of that, I belive for any anti-trust suit to pass through the product being tested must also prove to be necessary for moderen society. The previous anti-trust suits are on the following of two basis. Lack of competition+Need for modern society. With Oil there is an obvious need for that product in modern society, with phones there was a need for it in modern society, and for OS software there is a need for it in modern society. NFL and MLB does not fill this area, so I highly doubt it will go through.

Re: Supreme Court Case May Impact EA's NFL Exclusive

The deal before the courts involves a temporary exclusive, though.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I'm sure there will be a counterclaim though if it doesnt pass.

Re: Supreme Court Case May Impact EA's NFL Exclusive

which means this probebly wont pass.

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
PHX Corp@Jessy I actually saw it on gamespot, seems that Nintendo accidently turned Samus into a Badass11/23/2014 - 9:28pm
Jessy HartAnybody else see the Samus Amiibo with 2 arm canons?11/23/2014 - 9:10pm
Andrew EisenNeo - If you're not bleeding then it's probably not you who needs to go to the doctor.11/23/2014 - 5:45pm
Wonderkarpgood. that kind of behavior is unnecessary.11/23/2014 - 5:44pm
WonderkarpGeorgina Young - Are Video Games Sexist? https://www.youtube.com/watch?v=rX9LV4GuG9E11/23/2014 - 5:43pm
ZippyDSMleehttp://deadspin.com/starcraft-player-says-hell-rape-opponent-is-booted-f-1662346891/+Fahey11/23/2014 - 5:40pm
Wonderkarphttps://www.youtube.com/watch?v=O4a9tMGSTG411/23/2014 - 5:32pm
WonderkarpDan Vavra of Warhorse Studios at the Nordic eCommerce Summit 2014 on Game Journalism and why ethics are important11/23/2014 - 5:27pm
WonderkarpGame Dev Ashley Ross on the Block/Blacklist https://www.reddit.com/r/KotakuInAction/comments/2n603f/thoughts_on_the_recent_igdaggautoblocker_incident/11/23/2014 - 5:25pm
Wonderkarpwhich is interesting cause this the first one 100% made by 2k games after the THQ buy11/23/2014 - 4:17pm
Wonderkarpbleh. the more I play WWE 2k15 on PS4, the more I get disappointed.11/23/2014 - 4:09pm
Neo_DrKefkaIt happened around 1030 this morning. I was not blooding because blood was on my hands11/23/2014 - 3:50pm
Andrew EisenThat depends on a lot. Were you bleeding at the time you requested to leave or did you want to leave work to go to the doctor over an incident that happened on a different day that you didn't file an incident report for?11/23/2014 - 3:21pm
Neo_DrKefkaThat would be a major OSHA violation correct?11/23/2014 - 1:54pm
Neo_DrKefkaOff topic but I was at work and went over to the first aid kit to get some eye drops. I look at my hand and noticed blood on my hands. My employers said their is no incident report and they won't send me to see a doctor and that I am abandoning my job.11/23/2014 - 1:54pm
MaskedPixelanteThe more I hear about AC Unity being rushed out, the more I think Ubisoft was telling the truth about why they couldn't add female co-op models.11/23/2014 - 1:14pm
IanCI wouldnt say the 360/PS3 version were superior. They were different games.11/23/2014 - 11:49am
MechaTama31It's hard to rank my top 5 against eachother, but they would include Ghostbusters, Back to the Future (all of it), Monty Python and the Holy Grail, The Shawshank Redemption, and The Princess Bride.11/23/2014 - 11:09am
Andrew EisenTrue, but I liked the fact that rather than do a crappy looking version of the PS3/360 version, it went with an art style more suited to the Wii's strengths.11/23/2014 - 12:26am
Wonderkarpif I had the money, I'd buy one of those expensive proton pack replicas11/22/2014 - 11:25pm
 

Be Heard - Contact Your Politician